IN THE CASE OF:
BOARD DATE: 30 March 2010
DOCKET NUMBER: AR20100000023
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests two Army Commendation Medals be removed from his official military personnel file (OMPF).
2. The applicant states his unit, Headquarters and Headquarters Company, 34th Engineer Battalion (Combat) (Airborne) awarded him an Army Commendation Medal due to permanent change of station (PCS). However, he did not PCS until 4 years later then he received another Army Commendation Medal for PCS; therefore, the first Army Commendation Medal should be removed from his OMPF.
3. The applicant states the second Army Commendation Medal should be removed because it was upgraded to a Bronze Star Medal. The Army Commendation Medal and the Bronze Star Medal are for the same period of service.
4. The applicant provides no additional evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently a staff sergeant serving on active duty in the Regular Army.
2. 20th Engineer Brigade (Combat) (Airborne Corps) Permanent Order 088-03, dated 29 March 2005, awarded the applicant the Army Commendation Medal for meritorious service during the period from 1 February 2004 to 10 May 2005.
3. Headquarters, CJTF-76, Bagram, Afghanistan, Order Number 338-180, dated 4 December 2006, awarded the applicant the Army Commendation Medal for exceptionally meritorious service in support of Operation Enduring Freedom during the period from 17 December 2005 to 1 December 2006.
4. A certificate, with Order Number 26-279, shows a major general awarded the applicant the Bronze Star Medal for exceptionally meritorious service in support of Operation Enduring Freedom during the period from 17 December 2005 to
1 December 2006.
5. 37th Engineer Battalion (Combat) (Airborne) Permanent Order 057-04, dated 26 February 2008, awarded the applicant the Army Commendation Medal for meritorious service during the period from 2 March 2004 to 3 March 2008.
6. Army Regulation 600-8-22 (Military Awards) states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award. If appropriate, an award may be made to include the extended period of service by superseding the earlier award, or the award previously made may be amended to incorporate the extended period of service.
7. Army Regulation 600-8-22 states when an interim award is given and a higher award is later approved the approving authority will revoke the interim award.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the first PCS Army Commendation Medal awarded by his command should be removed from his OMPF. He also contends the Army Commendation Medal for the period from 17 December 2005 to 1 December 2006 was upgraded to the Bronze Star Medal and should be removed from his OMPF.
2. However, Permanent Order 057-04, dated 26 February 2008, supersedes and includes a greater period of service than is covered by Permanent Order
088-03, dated 29 March 2005. Therefore, Permanent Order 088-03, dated
29 March 2005, awarding the Army Commendation Medal should be revoked and the certificate and revocation orders should be removed from the applicant's OMPF.
3. The orders for the Bronze Star Medal and the Army Commendation Medal for the period from 17 December 2005 to 1 December 2006 clearly show the Army Commendation Medal for the period was upgraded to the Bronze Star Medal. Therefore, Order Number 338-180, dated 4 December 2006, awarding the Army Commendation Medal should be revoked and the certificate and revocation orders should be removed from the applicant's OMPF.
BOARD VOTE:
____X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. revoking 20th Engineer Brigade (Combat) (Airborne Corps) Permanent Order 088-03, dated 29 March 2005;
b. removing Permanent Order 088-03, dated 29 March 2005, and certificate, from the individual's OMPF and ensuring the revocation order is not filed in the individual's OMPF;
c. revoking Headquarters, CJTF-76, Bagram, Afghanistan, Order Number 338-180, dated 4 December 2006; and
d. removing Order Number 338-180, dated 4 December 2006, and certificate, from the individual's OMPF and ensuring the revocation order is not filed in the individual's OMPF.
_________X_________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100000023
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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